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I was fired due to medical reasons. Once approved for unemployment the employer appealed for gross misconduct. Can they do that?

Seneca, SC |

I was fired due to medical reasons, and the employer 100% agreed with the statement that I gave as my reason for termination. I was found to not be at fault and was given unemployment, but the employer appealed that decision on grounds of gross misconduct. They also told me when they fired me that they wasn't ready to fire me, but had no choice due to my medical condition.

Attorney Answers 1

Posted

Now, I don't practice law in SC. MOreover, as U.C. goes by state law, I can only give you general impressions of how it might be handled.

Until a case reaches the appellate stage in front of a court, a U.C. case record is "open" for additional information and submissions. So, either side can add information to assist in determining eligibility, including your employer "adding" the information that you were going to be terminated for cause. Now, just because they can add it doesn't mean it's appropriate for evaluating your case. You do have the option of fighting the decision (if you still are within your timeframe for appeal) and argue why they did not produce this information in the very begining and that the reason is a pretext, a false reason created to dispute your benefits. So, I'd suggest you speak to a lawyer to see if you can appeal this determination. Best of luck!

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